Dragaera

Artificial release dates and online publishing

Mon Dec 16 13:25:35 PST 2002


David Dyer-Bennet wrote:
> 
> Joshua Kronengold <mneme at io.com> writes:
> 
> > Scott Ingram writes:
> > >From: "Gametech" <voltronalpha at hotmail.com>
> > >> Joshua Kronengold wrote:
> > >> > Copyright should have a fixed term, both out of interest of fairness,
> > >> > and to encourage creators of any age -- a monetarily motivated 90 year
> > >> > old should expect to provide for their children if they produce a
> > >> > best-seller just like a younger author might try to provide for their
> > >> > later years.  By the same token, though, anything other than a fixed
> > >> > term isn't reasonable -- a reductio ad absurdium of this is a work
> > >> > written by an immortal or virutally immortal creator -- such a thing
> > >> > will never go out of copyright, and by principle 1, works should be
> > >> > guarunteed to go out of copyright.
> > >Reductio absurdium indeed. You might as well say that copyright will be
> > >rendered useless because one day we might be able to record our memories
> > >digitally.
> >
> > That's a tangent, and has nothing to do with copyright.
> >
> > The point is that fixing copyright to anyone's lifespan is ludicrous
> > unless you think the possibility of someone writing a parody or fanfic
> > (or even commercial variant on same) is a tragedy.  And as much as it
> > might feel like one (just like, say, a negative review), it's not --
> > it's just a thing.
> 
> Parody is protected fair use, so that's not at issue.  Most fanfic
> *is* a tragedy.  The better fanfic is a tragedy *twice* (they should
> have been writing something original).
> 
> I don't see how I can protect the creators rights if the creator can
> be forced to sit by and watch people totally pervert his creation.
> 

How, sir?  A tragedy? 

While fanfic being publicly published without an author's permission is
dangerous in respects to an author's rights, I'm going to disagree with
the "should have been writing something original".  

Sometime I *want* to read more set in a certain universe.  Sometimes I
have dreams about an author's universe.  I had one about Heinlein's
_Friday_ at one point, and there's a novel that I'm slowly putting
together about it.  My novel.  For me.  I may, if I show it to a few
selected friends without any chance of it getting set free into the
wild, contact Heinlein's estate and ask them if they'd like to do a deal
on it, but it is essentially their property if I release it to the
public without a contract.  

You may find that to be a tragedy, but I assure you, I don't.  I don't
think I shouldn't have dreamt that.  I don't think it isn't a neat idea,
and I don't think I'm doing anyone any harm if I have this private idea,
or even if I share it with a few friends.  If I published it in a zine
without the owner's permission, that would be a tragedy, because I'd
have committed a grave breach of good manners.

And to think I tested as a Yendi on the "what house are you?" test.  I
should have been an Issola.